Comment by dpark

> The tax authorities cannot unilaterally change the law with "guidance".

The standard model for regulation is generally that the law empowers some agency to clear up any ambiguities.

Doubtful that any state has legislation on how to handle taxation if pennies are unavailable so a state tax body issuing reasonable guidance is a very believable outcome.

> It is explicitly written into statute in many cases, requiring legislative action across thousands of independent tax authorities. Complicating it more is that in some cases a change must satisfy constitutional requirements which are even harder to change.

Show me the legislation that says “taxes must be collected to the penny based on the posted price without rounding”.

What are these “thousands of independent tax authorities” anyway? Are you under the impression that every city and county needs to agree change the tax law? State law trumps local laws. Washington State doesn’t need Seattle to agree with laws specifying new rounding rules.

> Everything is easy if you pretend that you can change things by authoritarian fiat instead of abiding by existing statutory and constitutional restrictions. The courts would never allow it.

Have you not been around for the last 10 months?

But also the courts tend to be fairly reasonable. Faced with conflicting requirements they generally don’t say “fuck it you’re all going to jail” but direct legislatures to fix the issue. No way we end up in a situation where pennies are unavailable and the courts tell stores that they have to shut down or stop accepting cash entirely because there isn’t a legislatively specified way to round transactions to the nickel.

Unless I’m missing something, existing pennies are also not being removed from circulation, so none of this seems to be a major issue yet. Legislatures could do their jobs and clear this up quickly of they choose to.